Skip to content
Carmelics
TopicsThinkersChangesContributorsLoading account…

    Carmelics

    A reasoning platform. Break down any belief into clear reasons, explore both sides, and weigh the evidence honestly.

    Navigate

    • Topics
    • Search
    • Recent Changes
    • Contribute
    • How It Works
    • Glossary
    • Thinkers
    • Contributors
    • About
    • Statistics
    • Terms
    • Privacy

    Database

    Statements
    —
    Perspectives
    —
    Topics
    —

    Press ? for keyboard shortcuts

    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    If even legal formalism requires a practice-dependent rul... — Carmelics
    Home
    HistoryEditSee Inverse

    Part of a larger discussion

    Supports→Formalism cannot adequately distinguish constitutive from regulative rules because rules must be understood based on contextual use

    If even legal formalism requires a practice-dependent rule of recognition to classify rules, then sporting formalism faces an identical regress that only contextual use can resolve.

    ?Rate how convincing each reason is below to see the overall strength.

    No one has weighed in yet. Be the first to share reasons for or against this statement.

    Sign in or register to share your perspective on this statement.

    Key Terms

    Contextual use(as a way of resolving how rules work)
    The actual way people apply and interpret something based on the specific situation they're in, rather than following a rigid rule.
    Legal formalism(Feminist critique of undue-burden analysis)
    An analytic approach that focuses on formal legal barriers while concealing the reality of ongoing oppression or inequality of opportunity
    Practice-dependent(as used in metaphysics)
    Something that only exists or is true because of what people actually do or believe—it would be different if practices were different.
    Regress(as used in epistemology and logic)
    An infinite chain of reasoning where each explanation requires another explanation, like asking 'why?' infinitely and never reaching a final answer.
    Sporting formalism

    Next step

    Based on where you are in your exploration

    Explore a random proposition
    Start fresh with something unrelated.
    (as applied to the philosophy of sports)
    The idea that sports rules are just fixed, unchanging guidelines that work the same way regardless of situation or context.
    rule of recognition(Positivist clarification against Dworkin's diversity argument)
    A social rule that identifies source-based legal norms; positivists deny it is meant to identify all relevant reasons for legal decisions or to tell judges how to decide cases

    Connections

    1 topic

    Philosophy of Language1 linked

    Related

    Formalism cannot adequately distinguish constitutive from regulative rules becau...

    Details

    Type
    claim
    Perspectives
    0 (0 for, 0 against)
    Edits
    1 edit

    Open for perspectives

    This idea is waiting for its first supporting or challenging perspective.

    Share the first perspective